Thursday, December 04, 2008

A three member CIC Bench consisting of Chief Information Commissioner Wajahat Habibullah, Information Commissioners A.N. Tiwari and Mrs. Padma Balasubramanian pronounced a landmark Decision (Complaint No.CIC/PB/C/2008/00723, 26Nov.2008) clarifying the obligations of NGOs entailed by the RTI Act:

"The Commission feels that there may be similar such cases where an NGO which is being substantially financed by the Government has not set up a mechanism and have thereby evaded compliance with provisions of the RTI Act. The Commission, therefore, recommends that Ministries and Departments of the Central Government should make an assessment as to whether the NGOs who are being financed by them have set up a
mechanism to provide information to the citizens who wish to obtain information under the RTI Act. If such a mechanism has not been set up by any of the NGOs receiving funds from the Central Government, it is recommended that the Government should not release any fund till the time such mechanism is set up and other obligations as contemplated under the Act are complied with."
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